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2025 DAILYLAW 96832 (ALL)

AMIT AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/36409/2025 · 2025-09-21

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36409 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Vakalatnama filed on behalf of O.P. No.2 by Sri Mukesh Kumar Upadhyay (AoR No. A/M 0631/2012) is taken on record. 2. Heard Sri Manoj Kumar Dubey, learned counsel for the applicants, Sri Vikas Sharma, learned Sate Law Officer and Sri Mukesh Kumar Upadhyay for O.P. No.2. 3. This is an application under Section 528 of BNSS preferred by the applicant for quashing the entire criminal proceeding in Complaint Case No. 717 of 2017 (New No. 1977 of 2020) (Smt. Shaili Vs. Amit and others) U/S 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District- Meerut on the basis of compromise dated 12.08.2025 entered between the parties. 4. The applicant herein had filed Application u/s 482 No. 41321 of 2017, Amit and 7 others vs. State of U.P. and another, wherein on 23.10.2024, following orders were passed: "1. Heard learned counsel for the applicants, learned A.G.A. for the State 2. In view of order being passed, notices to opposite parties no.2 stand dispensed with. 3. Application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 30.06.2017 as well as entire proceedings of Complaint Case No. 717 of 2017 (Smt. Shaili versus Amit and others) under Sections 498-A, 323, 504 and 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District- Meerut pending before the court of Additional Chief Judicial Magistrate, Court No. 7, Meerut. 4. Vide order dated 14.12.2017, this Court had referred the matter to the Mediation Versus Counsel for Applicant(s) : Manoj Kumar Dubey Counsel for Opposite Party(s) : G.A. Amit And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Center while staying proceedings of the Complaint Case No. 717 of 2017 (Smt. Shaili versus Amit and others). 5. Learned counsel for the applicants has drawn the attention to the compromise dated 18.01.2024 effected between the parties, a certified copy of which has been brought on record along with the Supplementary Affidavit dated 23.02.2024. 6. Learned counsel for the applicant has also drawn attention to the order dated 23.01.2024 passed by the Judicial Magistrate/Additional Civil Judge (Junior Division) II, Court No. 2 Meerut to indicate that the aforesaid compromise has been filed before the trial court where it is pending for verification, but verification was not done indicating that the offences are not compoundable under Section 320 I.P.C. 7. Considering the aforesaid facts and circumstances and particularly since the compromise has already been filed before the trial court, the same is directed to be verified in accordance with law within a period of once certified copy of this order is brought on the record of proceedings. 8. It is directed that till final order is being passed on the compromise, no coercive actions shall be taken against the applicants in pursuance of Complaint Case No. 717 of 2017 (Smt. Shaili versus Amit and others) under Sections 498-A, 323, 504 and 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Meerut. 9. In case the compromise stands verified, the applicants shall be at liberty to file fresh application under Section 482 Cr.P.C. seeking quashing of the proceedings. 10. With the aforesaid directions, the application stands disposed of." 5. Learned counsel for the applicants has invited attention of the Court towards Annexure-6 at page-41 of the paper-book, reference whereof has been made in para-15 so as to contend that on 12.08.2025, the compromise stood entered into between the parties, and the same has been verified by the court below. Learned counsel for the applicants submits that once the verification has been done, then nothing further survives to be further adjudicated. 6. Learned A.G.A. as well as learned counsel for O.P. No.2 have no objection to the same. 7. Considering the submissions of the rival parties as well as stand taken by them, in view of the judgment in case of Gian Singh Vs. State of Punjab, (2012) 10 SCC 303 and State of Madhya Pradesh Vs. Laxmi Narayan, 2019 (5) SCC 688 this Court does not find any justification to further proceed. 8. Accordingly, the application is allowed. 9. The proceedings of Complaint Case No. 717 of 2017 (New No. 1977 of NA528 No. 36409 of 2025 2 2020) (Smt. Shaili Vs. Amit and others) U/S 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District- Meerut, so far as it relate to the applicants stand quashed. September 22, 2025 N.S.Rathour NA528 No. 36409 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad